Courts making references to religious scriptures undermine basis of jurisprudence: PUCL

The Gujarat unit of People's Union for Civil Liberties (PUCL) has written to Chief Justice of India Dhananjaya Y. Chandrachud asking him to take cognizance of the “trend” of constitutional courts making references to religious scriptures and texts.

The appeal comes close on the heels of a Gujarat High Court judge making references to Manusmriti while hearing the case of a 17-year-old rape victim seeking termination of the foetus.

Media reports had quoted judge Sameer Dave as saying, “Because we are living in the 21st century; ask your mother or great-grandmother, 14-15 was the maximum age (for getting married). The child used to take birth before the age of 17. Girls get mature before boys. Four-five months here and there don't make a difference. You will not read it, but do read Manusmriti once for this”.

The letter signed by Gujarat unit president of PUCL Govind Parmar and general secretary Pankti Jog stated that the practice of making references to scriptures and religious texts would negate the very basis of constitutional jurisprudence.

They observed that as per media reports, between 1950 and 2019, there have been 38 such references to Manusmriti by the high courts and the apex court. References have also been made to the Bible and the Koran.

The letter, a copy of which has been sent to President Droupadi Murmu as well, further stated that while the order passed by the judge for a panel of doctors to ascertain the medical and psychological condition of the child and the foetus is beyond reproach, the manner in which certain observations were made do not appear to be consistent with India's constitutional jurisprudence.

The next hearing in the case will take place after examination by the doctors.

The rape survivor is expected to give birth around August 16. The judge is also reported to have said that if the child and the foetus are healthy, then he would not allow abortion. It has been said that the weight of the foetus is 1.27 kg.